[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15222-15223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05384]
[[Page 15222]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[OMB Control Number 1615-0095]
Agency Information Collection Activities; Revision of a Currently
Approved Collection: Notice of Appeal or Motion
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: 30-Day notice.
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SUMMARY: The Department of Homeland Security (DHS), U.S. Citizenship
and Immigration Services (USCIS) will be submitting the following
information collection request to the Office of Management and Budget
(OMB) for review and clearance in accordance with the Paperwork
Reduction Act of 1995. The purpose of this notice is to allow an
additional 30 days for public comments.
DATES: Comments will be accepted until April 16, 2020.
ADDRESSES: Written comments and/or suggestions regarding the item(s)
contained in this notice, especially regarding the estimated public
burden and associated response time, must be directed to the OMB USCIS
Desk Officer via email at [email protected]. All submissions
received must include the agency name and the OMB Control Number 1615-
0095 in the subject line.
You may wish to consider limiting the amount of personal
information that you provide in any voluntary submission you make. For
additional information please read the Privacy Act notice that is
available via the link in the footer of http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy,
Regulatory Coordination Division, Samantha Deshommes, Chief, 20
Massachusetts Avenue NW, Washington, DC 20529-2140, telephone number
(202) 272-8377. This is not a toll-free number; comments are not
accepted via telephone message. Please note contact information
provided here is solely for questions regarding this notice. It is not
for individual case status inquiries. Applicants seeking information
about the status of their individual cases can check Case Status
Online, available at the USCIS website at http://www.uscis.gov, or call
the USCIS Contact Center at (800) 375-5283; TTY (800) 767-1833.
SUPPLEMENTARY INFORMATION:
I. Proposed Changes to the Form Instructions for Form I-290B
On December 6, 2019, USCIS published a notice in the Federal
Register requesting public comments for 60-days on its proposed update
to the Form I-290B, Notice of Appeal or Motion, and its form
instructions. 84 FR 66924 (Dec. 6, 2019) (60-day notice). In the 60-day
notice, USCIS explained that it was proposing to clarify the AAO's
procedural requirements as provided in the Form I-290B in a number of
ways. USCIS received six comments and we have responded to the comments
in the addendum attached to the supporting statement that has been
submitted to OMB with the request for approval of this information
collection. A summary of the changes that were proposed and the outcome
of each proposal in the final form and instructions submitted to OMB
for review and clearance in accordance with the Paperwork Reduction Act
are as follows:
(1) Appeals Must Address All Grounds of Ineligibility Identified in the
Unfavorable Decision
For the reasons provided in the 60-day notice and in the responses
to the public comments, this change is maintained in the update to the
Form I-290B Instructions.
(2) Affected Parties May Waive the ``Initial Field Review'' Process
After considering public comments, USCIS has removed this change
from the form and instructions.
(3) Clarify the ``Initial Field Review'' Process When Evidence Is Not
Submitted Concurrently With the Appeal
This change is maintained in the update to the Form I-290B
Instructions.
(4) Treatment of Newly Submitted Evidence on Appeal
After considering public comments, USCIS has removed this proposed
change.
(5) Abuse of Discretion Standard of Review for Discretionary Decisions
USCIS has removed this proposed change from the revised form
instructions submitted to OMB for review.
(6) Clarify That the AAO Does Not Have Appellate Jurisdiction Over ``No
Risk'' Determinations Under the Adam Walsh Act
The proposed Form I-290B Instructions clarify that the AAO does not
have jurisdiction over appeals of ``no risk'' determinations under the
Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248,
120 Stat. 587 (AWA). Section 402(a)(2) of the AWA bars approval of
family-based visa petitions filed by U.S. citizens who have been
convicted of a ``specified offense against a minor'' unless the DHS
Secretary, in his or her ``sole and unreviewable discretion,''
determines that the U.S. citizen poses ``no risk'' to the beneficiary
of the petition. For the reasons provided in the 60-day notice and in
the responses to the public comments, this change is maintained in the
update to the Form I-290B Instructions.
(7) Define the Term ``New Facts'' for Motions To Reopen
After considering public comments, USCIS has removed this change
from the form instructions.
(8) Certain Beneficiaries of Employment-Based Immigrant Petitions Are
Considered Affected Parties for Revocation Proceedings
This change is maintained in the update to the Form I-290B
Instructions.
(9) Define the Term ``Record of Proceeding''
This change is maintained in the update to the Form I-290B
Instructions.
(10) Administrative Appellate Review of a Dismissed Motion Is Limited
to Whether the Motion Was Properly Dismissed
This change is maintained in the update to the Form I-290B
Instructions.
(11) Safe Address
In response to public comments and stakeholder input, USCIS added a
space to collect the safe address from affected parties who are subject
to 8 U.S.C. 1367. This change is maintained in the update to the Form
I-290B and instructions.
(12) Space on the Form To State the Basis of the Appeal or Motion
This change is maintained in the update to the Form I-290B and
instructions.
Comments
The information collection notice was previously published in the
Federal Register on December 6, 2019, at 84 FR 66924, allowing for a
60-day public
[[Page 15223]]
comment period. USCIS did receive six comment(s) in connection with the
60-day notice.
You may access the information collection instrument with
instructions, or additional information by visiting the Federal
eRulemaking Portal site at: http://www.regulations.gov and enter USCIS-
2008-0027 in the search box. Written comments and suggestions from the
public and affected agencies should address one or more of the
following four points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Notice of Appeal or Motion.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-290B; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. Form I-
290B standardizes requests for appeals and motions and ensures that the
basic information required to adjudicate appeals and motions is
provided by applicants and petitioners, or their attorneys or
representatives. USCIS uses the data collected on Form I-290B to
determine whether an applicant or petitioner is eligible to file an
appeal or motion, whether the requirements of an appeal or motion have
been met, and whether the applicant or petitioner is eligible for the
requested immigration benefit. Form I-290B can also be filed with ICE
by schools appealing decisions on Form I-17 filings for certification
to ICE's Student and Exchange Visitor Program (SEVP).
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-290B is
28,000 and the estimated hour burden per response is 1.5 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 42,000 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $8,652,000.
Dated: March 11, 2020.
Samantha L. Deshommes,
Chief, Regulatory Coordination Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration Services, Department of Homeland
Security.
[FR Doc. 2020-05384 Filed 3-16-20; 8:45 am]
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